FranklinCovey's 7 Habits Coach

Members can also sign up for FranklinCovey’s 7 Habits Coach 10-episode webcast series designed to help navigate real problems in challenging times. The series will be delivered daily for 10 days to help you:

  • Focus on what you can influence when there is a lot out of your control.
  • Get the skills to prioritize in the midst of overwhelming outside forces.
  • Apply timeless principles to preserve relationships with family, friends and colleagues in times of stress.
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ConsensusDocs Webinar: Understanding the Benefits and Challenges of Progressive Design-Build

Date: Wednesday, Feb. 28, 2024 Register Now
Time: 12 p.m. ET (9 a.m. PT)
Length: 1 hour and 30 minutes
Speaker(s): Speaker(s): Joanna K. Horsnail, Managing Partner at Mayer Brown; Jeff Miller, VP, General Counsel at The Haskell Co.; Bert Somers, Contracting Manager, Western US at Ferrovial Construction US & Canada; Brian Perlberg, Executive Director of the ConsensusDocs Coalition and Senior Counsel at the Associated General Contractors of America


Webinar Description
ABC Members Only

Progressive design-build is a contracting project delivery method that has grown in usage, especially for bigger projects. PDB uses a qualifications-based or best-value selection, and then design and price are fixed later. PDB differs from traditional design-build and presents some opportunities and risks. Learn how to understand the differences through project experiences and how PDB addresses fair risk allocation, increases transparency and reduces change orders and major budget busts. 

As a current ABC member, you will receive $20 off on your registration rate using the code fy24febabc upon checkout, reducing the price to $79. Don’t miss out on this opportunity to better understand the potential benefits and risks of PDB.


   Speaker Info

Joanna Horsnail Horsnail is a construction attorney and the office managing partner for Mayer Brown's Chicago office. She is the North American head of Mayer Brown’s construction transactions practice. She represents public and private owners, developers, lenders and contractors regarding the design, construction, development, financing, acquisition and disposition of facilities, including alternative delivery and public-private partnership projects.

Jeff Miller is vice president and general counsel for The Haskell Co. He has 29 years of legal experience representing insurers, manufacturers, business owners, design and construction professionals, general contractors, construction managers and subcontractors of all types and sizes. As head of the Legal Department at Haskell, Jeff leads a team of highly competent legal and contracts professionals.

Bert Somers has over 25 years of experience in construction. He is currently the contracting manager of the Western US for Ferrovial Agroman, managing a procurement pipeline of design-build and P3 projects in excess of $4 billion dollars of construction. His areas of responsibility include business development, including building joint ventures, client engagement and interaction and procuring work. He has previously worked as a foreman, project engineer, project manager, estimator, estimating manager and director of special projects and business development for small and large contractors.

Brian Perlberg serves as executive director and senior counsel for ConsensusDocs. He was recently recognized as a top legal voice by Engineering News-Record and recognized by Who’s Who Legal for Construction. Perlberg is the only construction attorney in the United States certified as a CM-Lean for lean construction. He serves on the ABA Forum on Construction Law’s Steering Committee for the Contract Documents; is on the Executive Committee for the Arbitration Association of America; and serves on the Board of the Construction Super Conference.

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‘Ambush’ Election Rule

Despite being litigated for years, the Biden administration’s NLRB has revived controversial policy from the Obama era in the form of its Representation-Case Procedures final rule. The direct final rule, issued without notice and the opportunity to comment, essentially restores provisions of the “ambush” election rule of 2014 and rescinds the remaining ABC-supported provisions of the 2019 final rule. The rule will apply to representation petitions filed on or after Dec. 26, 2023, and employers will have less time to respond to representation petitions.

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"Blacklisting" Fair Pay and Safe Workplaces

On Aug. 24, 2016, the Obama administration issued the Fair Pay and Safe Workplaces (or “blacklisting”) final rule, which would have threatened federal contractors’ due process rights, injected unwarranted subjectivity and added needless and duplicative layers of bureaucracy and costs into the federal acquisition process.

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In July 2022, Congress enacted the CHIPS Act of 2022 (Division A of P.L. 117-167), which was signed into law by President Joe Biden on Aug. 9, 2022.

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Fair and Open Competition on Taxpayer-Funded Federal and Federally Assisted Construction Projects

On Feb. 4, 2022, President Biden signed Executive Order 14063, Use of Project Labor Agreements for Federal Construction Projects. Once implemented following a rulemaking by the Federal Acquisition Regulatory Council that is expected to be completed in  2023, federal agencies will require that every prime contractor and subcontractor on a federal construction project of $35 million or more performed within the United States to sign a PLA as a condition of winning a taxpayer-funded contract.

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FTC Proposed Ban on Noncompetes


On Jan. 5, the Federal Trade Commission issued a proposed rule that would ban all noncompete agreements with limited exceptions. According to the FTC, the proposed rule would make it illegal for an employer to enter into or attempt to enter into a noncompete with a worker, maintain a noncompete with a worker, or represent to a worker, under certain circumstances, that the worker is subject to a noncompete.

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Health Care

Providing quality health care benefits is a top priority for ABC and its member companies.

ABC advocates for policies that would ensure employer-sponsored coverage is strengthened and remains a viable, affordable option for millions of hardworking Americans and their families.

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Immigration Reform

On Feb. 18, 2021, Sen. Bob Menendez, D-N.J., and Rep. Linda Sanchez, D-Calif., introduced the U.S. Citizenship Act of 2021 (H.R. 1177/S. 348) to implement President Biden’s proposal on immigration reform.

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On Nov. 15, 2021, President Joe Biden signed into law the $1.2 trillion Infrastructure Investment and Jobs Act, which provides $550 billion in new funding to invest in America’s roads, bridges, utilities and other needs on top of baseline government infrastructure spending via existing programs and annual appropriations. Much of the IIJA funding will be distributed to states and localities and other stakeholders through discretionary grant programs; however, the Biden administration continues to promote pro-labor policies tied to IIJA dollars.

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IRA Tax Credits

The Inflation Reduction Act was signed into law on Aug. 16, 2022, and provides over $270 billion in tax credits for the construction of solar, wind, hydrogen, carbon sequestration, electric vehicle charging stations and other clean energy projects.

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Joint Employer

On Nov. 9,  ABC joined the U.S. Chamber of Commerce and a coalition of business groups in filing a lawsuit challenging the National Labor Relations Board’s Joint Employer final rule for violating the National Labor Relations Act and for acting arbitrarily and capriciously in violation of the Administrative Procedure Act. Effective Feb. 26, 2024, the final rule takes an ax to the ABC-supported 2020 NLRB joint employer final rule, which provided clear criteria for companies to apply when determining status.

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Multiemployer Pension Plans

In March 2021, President Biden signed the American Rescue Plan Act of 2021 (H.R. 1319) into law, including a controversial provision providing a Congressional Budget Office-estimated $86 billion taxpayer bailout of struggling union multiemployer pension plans

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National Environmental Policy Act

In July 2020, the Council on Environmental Quality issued an ABC-supported final rule to modernize the federal environmental review process under the National Environmental Policy Act regulations.

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OSHA Electronic Injury Reporting Rulemaking

On July 21, 2023, the U.S. Department of Labor’s Occupational Safety and Health Administration issued its Improve Tracking of Workplace Injuries and Illnesses final rule, which will undo the ABC-supported provisions of the 2019 final rule promulgated under the Trump administration and reprise the 2016 Obama-era rule. The final rule becomes effective on Jan. 1, 2024, for certain employers and OSHA intends to make much of the data it collects publicly available online.

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OSHA Heat Injury and Illness Prevention Rulemaking

On Oct. 27, 2021, OSHA issued an Advance Notice of Proposed Rulemaking on Heat Injury and Illness Prevention in Outdoor and Indoor Work Settings, which requested information on how to implement regulations to prevent workers from hazardous heat. ABC, as a steering committee member of the Construction Industry Safety Coalition, submitted comments in response to the ANPRM on Jan. 26, 2022.

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Overtime Rulemaking

On Nov. 7, ABC submitted comments to the U.S. Department of Labor in opposition to a proposed rulemaking that would alter overtime regulations under the Fair Labor Standards Act. 

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Protecting the Right to Organize Act

President Joe Biden continues to back and support provisions in the ABC-opposed Protecting the Right to Organize Act (H.R.20/S.567), which would violate workers’ free choice and privacy rights, force unions on employees who have voted against such representation, cost millions of American jobs and threaten vital supply chains.

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Waters of the United States

In 2019, the U.S. Environmental Protection Agency under President Trump and the U.S. Army Corps of Engineers repealed the ABC-opposed 2015 WOTUS rule and replaced it with the Navigable Waters Protection Rule.

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Workforce Development

President Biden supports the  ABC-opposed National Apprenticeship Act of 2023 (H.R. 2851), which would not achieve its goal of expanding apprenticeship opportunities, as it would further restrict small businesses’ ability to access federally registered apprenticeship programs, limit job opportunities in the construction industry and create additional obstacles for the construction industry to meet future workforce demand and needs. The bill, reintroduced in the 118th Congress by Rep. Bobby Scott (D-VA), would:

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Worker Walkaround Representative Designation Process

On Nov. 13, 2023, ABC submitted comments urging the U.S. Department of Labor’s Occupational Safety and Health Administration to withdraw its Worker Walkaround Representative Designation Process proposed rule, which would allow employees to choose a third-party representative, such as an outside union representative or community organizer, to accompany an OSHA inspector into nonunion facilities.

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DOL Inspector General Releases Report on Davis-Bacon Wage Audit

On March 29, the U.S. Department of Labor’s Office of Inspector General released an audit examining the DOL’s Wage and House Divisions survey process for collecting and determining the prevailing wage rate in four types of construction projects. According to the report, the OIG found that, as of September 2018, 3% of WHD’s 134,738 unique published rates, roughly 4,400, had not been updated in 21 to 40 years. Additionally, of seven sampled surveys that analyzed 124 wage rates, the OIG found 48% of the rates were not determined from data about a single construction worker within the 31 counties that the published rates represented. Finally, the report found union wages prevailed for 48% of the wage determinations, despite the fact that just 12.8% of the U.S. private construction workforce is unionized.


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The Heritage Foundation: Labor Department Can Create Jobs by Calculating Davis–Bacon Rates More Accurately

According to a report issued by the Heritage Foundation, the United States Department of Labor   uses unscientific and flawed methods to estimate the Davis-Bacon Act prevailing wage rates. The report found, amongst other findings, that current surveys do not use statistically representative samples have tiny sample sizes and combine data from economically unrelated counties or set local wages using statewide data. Furthermore, nearly half of the surveys are over a decade old and don’t account for economic changes over the last ten year. The report concludes by suggesting the DOL should switch to Bureau of Labor Statistics data to get a more accurate reading of wage data.


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Overview of New Hotel Engine and Travelers Haven Programs

Date: Thursday, July 1, 2018 Watch Now
Time: 11:00 AM to 12:00 PM (Eastern)
Length: 30 Minutes
Fee: Free
Speaker: Drew McGeein

This webinar provides an overview of the new Hotel Engine/Travelers Haven discount programs.  In addition to an overview, a demo of the online platform features for each program is reviewed.
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George Mason University: Prevailing Wage Legislation and the Continuing Significance of Race

A study released in June 2018 by the George Mason University Antonin Scalia Law School found that prevailing wage laws discriminate against minority construction workers who have been traditionally underrepresented in labor unions. By examining the Davis-Bacon Act and the original intent of the law to exclude African-American construction workers from working on federal projects, to looking at the continuing effects of prevailing wage laws and the lack of minority participation in labor unions, the authors conclude  that prevailing wage legislation has been a disaster for minority construction workers.


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